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Cleaning & Maintenance Agreement
THIS AGREEMENT on [Date] by and between (Name/Address of Contractor), hereinafter referred to as "Contractor" and (Name/Address of Company), hereinafter referred to as "Company", do hereby agree to the following:
Contractor agrees to provide regular maintenance service to the following property (Property) of Company located at: [Enumerate].
[Street], [City], [State], [Zip], [Map Reference, if Applicable].
Contractor Agrees to Perform the Following: [Enumerate].
Terms of Payment
Contractor does hereby to provide regular Cleaning and Maintenance, labour, and parts to Company in accordance with above specifications, for the total sum of:
Contract Price: ($------)
Payment is as follows:
Based on hourly rate of ($------)
Cleaning and Maintenance to be: Daily/Weekly/Monthly)
To commence on: (Date) and finishing on (Date)
Term of agreement: (Months/Years)
Gurantee of Satisfactory Service
Contractor guarantees the Cleaning and Maintenance work performed including all labour, and cleaning material as above specified. All work to be completed in a workmanlike manner according to standard industry pratice. Any alteration or deviation from above specifications involving more costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond Contractor'S control. Company to carry fire and storm damage insurance. Contractors workers are to be fully covered by Workmen's Compensation insurance.
Contractor agrees to provide services as described above upon notification from customer of the necessity of the service, within a reasonable number of [--] days of the notification except in the event of emergency as described below.
In the event that an emergency exists wherein Company is unable to use any item of personal property here and above described for which Contractor has agreed to provide maintenance, Company agrees to notify Contractor, and Contractor shall use best efforts to go to Company's place of business and to service, repair or replace (as it's necessary) the item. Contractor may use an identical piece of property, whether or not used, to replace that item during the time period when Contractor is repairing the original piece of personal property.
Company agrees to promptly pay Contractor upon invoice for any and all parts required by Contractor to be purchased to repair or maintain the equipment as described above. Contractor agrees that it shall inform Company of the necessity of spending more than ($------)for any such item for the repair of the piece of personal property, before the item is actually purchased.
Arbitration. Any disputes pertaining said agreement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the American Arbitration Association or like organization in the City of [City], whose award may be reduced to judgment in any court of competent jurisdiction.
Amendment. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver Of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
No Representation. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
Interpretation. This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Agreement. The headings, captions, and titles in this legal Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise,
(a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and
(b) the word including means including without limitation.
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
Automactic Renewal. This Agreement will automatically renew, for successive [--] month periods, after its expiration unless written notice of termination is given by either party.
Further Assurances. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.
Agreement of Acceptance
The above prices, specifications and conditions are satisfactory and hereby accepted by Company and Contractor is hereby authorised to start the Cleaning and Maintenance as specified. Payment will be made outlined as above.
Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written.
This Agreement supersedes any prior written or oral agreements between the parties.
Executed on the date as first above written at [City], [State].
This Section for Notary:
STATE OF -------)
) ss: [Date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]